Service of Process through Social Media Channels

Social media networks have connected millions of people and businesses around the world. In particular, process servers are using social media channels to identify the whereabouts of individuals to effectuate service of process.

Because of the ease social media presents in locating people, courts and state legislators are considering new laws to allow for service of process through social media channels.

Read on to learn how the traditional service of process methods are evolving with current social technological advances and the possible dangers courts may endure for improper service of process through social media channels.

Traditional Service of Process

A plaintiff in a legal proceeding is required to personally serve and deliver the summons and complaint of their cause of action to each named defendant.  This specific court requirement is known as service of process.

Traditionally, service of process within the Unites States is achieved by the following means:

1.    Personal Service
2.    Service By Mail
3.    Substituted Service
4.    Service of Process by Fax and/or Email (limited in most jurisdictions).

Traditional methods of service typically work in most circumstances; however, there are times in which service cannot be achieved.  For instance, service of process may not be achieved if a defendant evades service, or the whereabouts of the defendant is hard to determine.

Courts throughout the United States appear to be considering the approval of service of process through social media channels when other traditional service methods are not feasible.

Service of Process through Social Media Channels

State legislators are starting to consider whether service of process can be effectively achieved through social media channels.  In particular, bills are being proposed to allow for service of process through social media channels such as Facebook, Twitter, or MySpace.

Texas State Representative Jeff Leach recently introduced a bill to the state legislator that would allow for service of process through social media channels.  If enacted, Texas House Bill 1989 will take effect September 1, 2013.

Some state and federal courts have also authorized service of process through social media channels.  For instance, the Utah State Court website offers a Proof of Service form that allows process servers to state how they electronically communicated with the intended recipient.

Further, the United States District Court Judge Paul Englemayer, of the Southern District of New York, recently allowed the Federal Trade Commission to serve legal documents upon five defendants in India by sending a Facebook message to each named defendant.   Opinion and Order: Federal Trade Commission v. PCCare247 Inc., et. al. – Case No. 12 Civ. 7189 (PAE).

Based on current practices, it appears that more state legislators and federal courts may begin to accept service of process through social media channels.

Dangers of Service of Process through Social Media Channels

There are countless legal professionals who do not support service of process through social media channels.  The number one reason most legal professionals do not support the alternative service of process method is due to the lack of authentication and validity of the defendant receiving proper service.

Below you will find two common concerns legal professionals have voiced regarding service of process through social media channels:

1.    How can the identity of the defendant be authenticated?
A main issue of concern amongst legal professionals regarding service of process through social media channels is whether the defendant’s identity can be properly authenticated.

For instance, a named defendant may have similar demographics with other social channel users within the same locale.  How would a process server determine that they are serving the correct person?

Some legal professionals state that corroborating evidence could be used to determine the validity of the defendant’s identity.  The specifics of “what” corroborating evidence is still being determined.

2.    How will process servers validate delivery of service?
Another concern that is raised is how the process server will validate delivery of service.  Well, it may be hard for a process server to guarantee that the named defendant did actually receive notice of service through their social media account.  Most likely, corroborating evidence will need to be used to prove this concern as well.

Looking at recent trends, it is safe to say that more states may begin to adopt legislation outlining methods in which process servers can serve legal documents through social media channels.

Attorney’s Certified Services administers process serving throughout California.  Contact us at (888) 514-5067 to learn how we can help you serve your legal documents.  Our experienced process servers are registered, bonded and ready to assist you. Give us a call and DISCOVER THE DIFFERENCE!  Click here for a FREE QUOTE!

Sources
The Texas Tribune
Texas Legislator Introduces Bill That Would Allow Legal Papers to Be Served To People’s Social Media Accounts  – By: Tim Cushing
Texas Bill Would Make Service via Facebook the Law – By Nick Nelson

COURT CONSOLIDATION PLAN

LOS ANGELES COUNTY SUPERIOR COURT CONSOLIDATION PLAN

State funding reductions made over the past several years have left California Courts to look for ways to reduce budgets and cut costs.  Los Angeles County Superior Court, is the largest court system in the United States and is feeling the pinch severely with a budget shortfall of $195 million dollars, this year alone.  A series of staff reductions and other budget cutting measures have reduced annual spending by $110 million to-date (more than 15% of the Court’s discretionary budget). But by the end of this fiscal year on June 30, 2013, the Court must reduce its budget by $85 million dollars.

This situation demands major restructuring of the Courts operations and locations.  “For the past decade or more, we have lived up to the promise of providing “neighborhood courts” across the county,” said Presiding Judge David S. Wesley. “That meant full-service courthouses in many locations. But we no longer have the resources to do so. We are now being forced by budget cuts to make changes that will disadvantage litigants, attorneys, justice system partners and all court users across the spectrum and across our court.”

Beginning March 18, 2013 and over the next few months, the Court will consolidate its operations in the following ways:

• The Court will close 8 courthouses completely (Beacon Street, Huntington Park, Kenyon Juvenile, Malibu, Pomona North, San Pedro, West Los Angeles; Whittier) and remove most court work from 2 locations (Beverly Hills, Catalina);
• Criminal and traffic workload presently located in the 8 courthouses to be closed will be moved to nearby courthouses;
• Juvenile cases now heard at KenyonJuvenile JusticeCenter will be moved to other courthouses;
• Small claims cases heard only at courthouses in: Alhambra, Downey, Inglewood, Lancaster, Van Nuys and downtown Los Angeles (Mosk);
• Unlawful detainer (landlord-tenant) cases heard only in: Lancaster, Long Beach, Pasadena, Santa Monica and downtown Los Angeles (Mosk);
• Limited civil collections-related cases heard only in: Chatsworth and Norwalk;
• Other limited civil cases heard only in downtown Los Angeles (Mosk);
• Personal injury-related cases heard only in downtown Los Angeles (Mosk);
• Probate cases will be heard in Lancaster and downtown Los Angeles (Mosk), except for exceptional cases;
• Many general civil cases going to trial may be moved to dedicated trial courts located around the county;

In addition, the Court plans to eliminate its alternative dispute resolution center, further reduce the use of court-employed court reporters, and lay off all juvenile Referees.

All of these consolidations are necessitated by a planned reduction in the Court’s workforce by 511 positions bringing the total workforce reduction over the last four years to over 24 percent. “Justice requires a court. But what we once counted on – that courts would be open, available and ready to dispense prompt justice – no longer exists in California,” said Chief Justice Tani Cantil-Sakauye in her annual State of the Judiciary speech. Plans such as those outlined above are being implemented across the state of California. San Bernardino is closing courthouses that will require litigants to travel more than 130 miles to the nearest courthouse; Fresno Superior Court has closed all courthouses outside the city of Fresno.

“The day of reckoning has arrived for the Los AngelesCounty justice system,” said Wesley. “This is our last-ditch effort to save access to justice in Los AngelesCounty. The impacts of years of draconian cuts in state court funding can no longer be delayed. We are now forced to bring our court operations into line with the resources provided by the Governor and legislature. The result will be reduced services, long lines and travel distances that may well deter people from seeking and getting the justice they deserve. It is a sad irony that, as our economy is turning the corner, our justice system is going downhill.”

Provided by LASC News Release 3-14-13. Click here for official notice                  

EFFECTIVE MARCH 18, 2013 

• ALL PERSONAL INJURY CASES IN GENERAL JURISDICTION WILL BE FILED IN THE CENTRAL DISTRICT.
• LIMITED UNLAWFUL DETAINER CASES TO BE FILED AT FIVE HUBS
• LIMITED CIVIL COLLECTION CASES TO BE FILED AT ONE OF TWO LOCATIONS
• NEW SMALL CLAIMS CASES TO BE FILED IN ONE OF SIX HUBS

 EFFECTIVE APRIL 8, 2013

• NORTHEAST DISTRICT GENERAL CIVIL (NON-PI) CASES TO BE FILED IN NORTH CENTRAL
• ALL PROBATE CASES WILL BE FILED IN THE CENTRAL OR NORTH DISTRICTS

EFFECTIVE APRIL 15, 2013

• NEW GENERAL CIVIL, NON-PERSONAL INJURY CASES IN THE SOUTH DISTRICT TO BE FILED AT LONG BEACH COURTHOUSE

Click here for a direct link to the courts “Court Consolidation Plan” page to stay up to date

As always, Attorney’s Certified Services is here to help you through the process and answer any questions you may have.  Give us a call at (888) 514-5067, we’d love to help.

Sincerley,
Chad Barger, President
and the ACS Team

2013 Mileage Rate to 56.5 Cents Per Mile

On January 1, 2013, the Internal Revenue Services adjusted the federal standard mileage rates up 1 cent per mile for the use of a car (also vans, pickups or panel trucks).

The new rates for 2013 are as follows:

• 56.5 cents per mile for business miles driven.
• 24 cents per mile driven for medical or moving purposes.
• 14 cents per mile driven in service of charitable organizations.

The rate for business miles driven during 2013 increases 1 cent from the 2012 rate. The medical and moving rate is also up 1 cent per mile from the 2012 rate.

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs.

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.

A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle. In addition, the business standard mileage rate cannot be used for more than four vehicles used simultaneously.

These and other requirements for a taxpayer to use a standard mileage rate to calculate the amount of a deductible business, moving, medical, or charitable expense are in Rev. Proc. 2010-51. Notice 2012-72 contains the standard mileage rates, the amount a taxpayer must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that a taxpayer may use in computing the allowance under a fixed and variable rate plan.

http://www.irs.gov/uac/2013-Standard-Mileage-Rates-Up-1-Cent-per-Mile-for-Business,-Medical-and-Moving

Thank you,

Chad Barger, President
Attorney’s Certified Services

Happy Valentines day from Attorney’s Certified Services!

Valentines day is the perfect time to let you know just how much we appreciate your business and your friendship. It is a pleasure doing business with you and I hope we can be of service to you again in the future.

Best Wishes, Chad Barger and the ACS Team

History of Valentines Day:

Every year, the fourteenth day of the month of February has millions across the world presenting their loved ones with candy, flowers, chocolates and other lovely gifts. In many countries, restaurants and eateries are seen to be filled with couples who are eager to celebrate their relationship and the joy of their togetherness through delicious cuisines. There hardly seems to be a young man or woman who is not keen to make the most of the day.
The reason behind all of this is a kindly cleric named Valentine who died more than a thousand years ago.

It is not exactly known why the 14th of February is known as Valentine’s Day or if the noble Valentine really had any relation to this day. The history of Valentine’s Day is impossible to be obtained from any archive and the veil of centuries gone by has made the origin behind this day more difficult to trace. It is only some legends that are our source for the history of Valentine’s Day.

The modern St. Valentine’s Day celebrations are said to have been derived from both ancient Christian and Roman tradition. As per one legend, the holiday has originated from the ancient Roman festival of Lupercalis/Lupercalia, a fertility celebration that used to observed annually on February 15. But the rise of Christianity in Europe saw many pagan holidays being renamed for and dedicated to the early Christian martyrs. Lupercalia was no exception. In 496 AD, Pope Gelasius turned Lupercalia into a Christian feast day and set its observance a day earlier, on February 14. He proclaimed February 14 to be the feast day in honor of Saint Valentine, a Roman martyr who lived in the 3rd century. It is this St. Valentine whom the modern Valentine’s Day honors.

According to the Catholic Encyclopedia, there were at least three early Christian saints by the name of Valentine. While one was a priest in Rome, another was a bishop in Terni. Nothing is known about the third St. Valentine except that he met his end in Africa. Surprisingly, all three of them were said to have been martyred on 14th February.

It is clear that Pope Gelasius intended to honor the first of these three aforementioned men. Most scholars believe that this St. Valentine was a priest who lived around 270 AD in Rome and attracted the disfavor of Roman emperor Claudius II who ruled during this time.

The story of St. Valentine has two different versions – the Protestant and the Catholic one. Both versions agree upon Saint Valentine being a bishop who held secret marriage ceremonies of soldiers in opposition to Claudius II who had prohibited marriage for young men and was executed by the latter. During the lifetime of Valentine, the golden era of Roman empire had almost come to an end. Lack of quality administrators led to frequent civil strife. Education declined, taxation increased and trade witnessed a very bad time. The Roman empire faced crisis from all sides, from the Gauls, Slavs, Huns, Turks and Mongolians from Northern Europe and Asia. The empire had grown too large to be shielded from external aggression and internal chaos with existing forces. Naturally, more and more capable men were required to to be recruited as soldiers and officers to protect the nation from takeover. When Claudius became the emperor, he felt that married men were more emotionally attached to their families, and thus, will not make good soldiers. He believed that marriage made the men weak. So he issued an edict forbidding marriage to assure quality soldiers.

The ban on marriage was a great shock for the Romans. But they dared not voice their protest against the mighty emperor. The kindly bishop Valentine also realized the injustice of the decree. He saw the trauma of young lovers who gave up all hopes of being united in marriage. He planned to counter the monarch’s orders in secrecy. Whenever lovers thought of marrying, they went to Valentine who met them afterwards in a secret place, and joined them in the sacrament of matrimony. And thus he secretly performed many marriages for young lovers. But such things cannot remain hidden for long. It was only a matter of time before Claudius came to know of this “friend of lovers,” and had him arrested.

While awaiting his sentence in prison, Valentine was approached by his jailor, Asterius. It was said that Valentine had some saintly abilities and one of them granted him the power to heal people. Asterius had a blind daughter and knowing of the miraculous powers of Valentine he requested the latter to restore the sight of his blind daughter. The Catholic legend has it that Valentine did this through the vehicle of his strong faith, a phenomenon refuted by the Protestant version which agrees otherwise with the Catholic one. Whatever the fact, it appears that Valentine in some way did succeed to help Asterius’ blind daughter.

When Claudius II met Valentine, he was said to have been impressed by the dignity and conviction of the latter. However, Valentine refused to agree with the emperor regarding the ban on marriage. It is also said that the emperor tried to convert Valentine to the Roman gods but was unsuccesful in his efforts. Valentine refused to recognize Roman Gods and even attempted to convert the emperor, knowing the consequences fully. This angered Claudius II who gave the order of execution of Valentine.

Meanwhile, a deep friendship had been formed between Valentine and Asterius’ daughter. It caused great grief to the young girl to hear of his friend’s imminent death. It is said that just before his execution, Valentine asked for a pen and paper from his jailor, and signed a farewell message to her “From Your Valentine,” a phrase that lived ever after. As per another legend, Valentine fell in love with the daughter of his jailer during his imprisonment. However, this legend is not given much importance by historians. The most plausible story surrounding St. Valentine is one not centered on Eros (passionate love) but on agape (Christian love): he was martyred for refusing to renounce his religion. Valentine is believed to have been executed on February 14, 270 AD.

Thus 14th February became a day for all lovers and Valentine became its Patron Saint. It began to be annually observed by young Romans who offered handwritten greetings of affection, known as Valentines, on this day to the women they admired. With the coming of Christianity, the day came to be known as St. Valentine’s Day.

But it was only during the 14th century that St. Valentine’s Day became definitively associated with love. UCLA medieval scholar Henry Ansgar Kelly, author of “Chaucer and the Cult of Saint Valentine”, credits Chaucer as the one who first linked St. Valentine’s Day with romance. In medieval France and England it was believed that birds mated on February 14. Hence, Chaucer used the image of birds as the symbol of lovers in poems dedicated to the day. In Chaucer’s “The Parliament of Fowls,” the royal engagement, the mating season of birds, and St. Valentine’s Day are related:

“For this was on St. Valentine’s Day, When every fowl cometh there to choose his mate.”

By the Middle Ages, Valentine became as popular as to become one of the most popular saints in England and France. Despite attempts by the Christian church to sanctify the holiday, the association of Valentine’s Day with romance and courtship continued through the Middle Ages. The holiday evolved over the centuries. By the 18th century, gift-giving and exchanging hand-made cards on Valentine’s Day had become common in England. Hand-made valentine cards made of lace, ribbons, and featuring cupids and hearts began to be created on this day and handed over to the man or woman one loved. This tradition eventually spread to the American colonies. It was not until the 1840s that Valentine’s Day greeting cards began to be commercially produced in the U.S. The first American Valentine’s Day greeting cards were created by Esther A. Howlanda Mount Holyoke, a graduate and native of Worcester. Mass. Howland, known as the Mother of the Valentine, made elaborate creations with real lace, ribbons and colorful pictures known as “scrap”. It was when Howland began Valentine’s cards in a large scale that the tradition really caught on in the United States.

Today, Valentine’s Day is one of the major holidays in the U.S. and has become a booming commercial success. According to the Greeting Card Association, 25% of all cards sent each year are “valentine”s. The “valentines”, as Valentine’s Day cards are better known as, are often designed with hearts to symbolize love. The Valentine’s Day card spread with Christianity, and is now celebrated all over the world. One of the earliest valentines was sent in 1415 AD by Charles, Duke of Orleans, to his wife during his imprisonment in the Tower of London. The card is now preserved in the British Museum.

There may be doubts regarding the actual identity of Valentine, but we know that he really existed because archaeologists have recently unearthed a Roman catacomb and an ancient church dedicated to a Saint Valentine.

Read more at http://www.theholidayspot.com/valentine/history_of_valentine.htm

efiling in Orange County California

PLEASE BE ADVISED: DOCUMENTS GENERATED BY THE ORANGE COUNTY SUPERIOR COURT MAY HAVE DIGITAL SIGNATURES, SEALS, AND/OR STAMPS THAT ARE VALID AND ENFORCEABLE.

In an effort to increase efficiency, reduce costs, and decrease environmental impacts, the Orange County Superior Court has gone paperless for civil actions. Pursuant to Code of Civil Procedure section 1010.6 subdivision (d),1 the Court has established a pilot project mandating electronic filing in all limited, unlimited, and complex civil actions. See Orange County Superior Court Local Rule 352. Because these court records are created and maintained in a digital format, the original court record may be electronically verified, signed, or sealed.

Government Code section 68150 authorizes trial court records to be created electronically. Any notice, order, judgment, warrant, or similar document issued by the Orange County Superior Court or one of its judicial officers may be signed, subscribed, or verified using a computer or other technologic means, and shall have the same validity, and the same legal force and effect, as paper documents signed, subscribed, or verified by a trial court or a judicial officer. (Gov. Code, § 68150 subd. (g).)

Code of Civil Procedure section 1010.6 subdivision (b) and California Rules of Court, rule 2.257 outline the requirements for signatures for documents submitted electronically to the court. A document that is filed electronically shall have the same legal effect as an original paper document. For additional information, please visit the Orange County Superior Court website at www.occourts.org.

Federal and State Courts will be closed Monday, February 18, 2013 observing President’s Day. Attorney’s Certified Services will be CLOSED.

Washington’s Birthday, also known as Presidents’ Day, is a federal holiday held on the third Monday of February. The day honors presidents of the United States, including George Washington, the USA’s first president.

Background

George Washington was the first president of the United States of America. His first term as president was from 1789 to 1793 and his second term from 1793 to 1797. Before he became president, he played important roles in the military, leading the American Continental Army to victory over the British in 1783. Washington is often seen as the father of the United States and is probably the best known American politician ever.

The likeness and name of George Washington can still be seen in many places in the United States. There is the portrait of him and three other American presidents carved into Mount Rushmore National Memorial in South Dakota. His image is also used on the one-dollar bill and the quarter-dollar coin. The capital of the United States, Washington D.C., Washington State and at least three universities are named after him.

Washington’s Birthday was first celebrated as a holiday in the District of Columbia in 1880. It was made a federal holiday in 1885. The holiday was originally held on the anniversary of George Washington’s birth, on February 22. In 1971, this holiday was moved to the third Monday in February.

This holiday is legally designated as “Washington’s Birthday”. Though other institutions such as state and local governments and private businesses may use other names, it is the federal government’s policy to always refer to holidays by the names designated in the law.

Information provided by http://www.timeanddate.com/holidays/us/washington-birthday

Federal and State Courts will be closed Tuesday, February 12, 2013 observing Abraham Lincoln’s birthday.  Attorney’s Certified Services will be open to serve you.

Lincoln’s Birthday celebrates the birthday of Abraham Lincoln, one of the most popular presidents in United States history.  California is observing this holiday on Tuesday, February 12, 2013.  The day is also known as Abraham Lincoln’s Birthday, Abraham Lincoln Day or Lincoln Day.  Some states observe the day as part of Presidents’ Day, which is officially known as Washington’s Birthday.

Background

Abraham Lincoln was born in Hardin County, Kentucky, on February 12 in 1809. He lived for a time in Indiana before moving to Illinois. He worked on a farm, split rails for fences, worked in a store, was a captain in the Black Hawk War, and worked as a lawyer. He married Mary Todd and together they had four boys, only one of whom lived to maturity.

Lincoln began his political career at the age of 23 in 1832 when he ran an unsuccessful campaign for the Illinois General Assembly, as a Whig Party member. He joined the newly formed Republican Party in 1854 and was nationally recognized during the 1858 debates with Stephen Douglas despite Douglas’ win in the race for US Senator. Lincoln won the presidency in 1860 and, despite being a Republican, rallied most of the northern Democrats to the Union case during the Civil War (1861-65).

Lincoln was known as the Great Emancipator, the Rail Splitter and Honest Abe. He was the president throughout the American Civil War and is known for his struggle to preserve the Union and the issuance of the Emancipation Proclamation. John Wilkes Booth assassinated Lincoln at Ford’s Theatre in Washington DC on Good Friday, April 14, 1865. The assassination occurred less than two weeks after the Confederacy surrendered at Appomattox Court House in 1865.

It has been recorded that Lincoln’s Birthday was first celebrated as a holiday in 1866, one year after his death. Many states have a joint holiday to honor both Lincoln and George Washington, sometimes calling it Presidents’ Day.

Symbols

Various museums and monuments are dedicated to Abraham Lincoln. Various artworks, such as paintings, drawings, statues and photographs, have been created in Lincoln’s image and preserved to honor him.  Examples include:

• Lincoln’s likeness on Mount Rushmore
• Lincoln’s portrait on the American five dollar bill.
• The Lincoln Memorial in Washington DC.
• Daniel Chester French’s sculpture inside the Lincoln Memorial.
• The Lincoln stamp issued in 1965.
• The Lincoln Tomb in Springfield, Illinois.

The nature of Lincoln’s death made him a martyr in the eyes of many Americans and many polls have ranked Lincoln as one of the greatest presidents in United States history.

Information provided by http://www.timeanddate.com/holidays/us/lincolns-birthday